Understanding Your Miranda Rights

First established in the 1966 Miranda v. Arizona Supreme Court case, Miranda warnings are intended to provide suspects in criminal cases with a brief overview of their rights while in police custody. Not every suspect must be given a Miranda warning. If the police do not intend to ask any questions of the suspect or if the suspect has not been taken into custody, then a Miranda warning is not required by Texas law. While Miranda warnings are usually not applicable to most Sugar Land real estate law transactions, understanding the principles and precedents that apply to these essential warnings can help Texas residents to protect their legal rights more effectively.

History of Miranda Rights

The concept of Miranda rights was first established in 1966. Ernesto Arturo Miranda was accused of rape, armed robbery and kidnapping in the state of Arizona and confessed to these crimes while being interrogated by the police. His conviction was appealed because Mr. Miranda had never been informed of his right to remain silent and not to incriminate himself. The appeals went all the way to the Supreme Court, which found that Miranda should have been informed of these rights and overturned his conviction. Although Miranda was ultimately retried and found guilty, the confession originally obtained by the police was excluded from the second trial. Nonetheless, the precedent set by Miranda’s court appeals has had a lasting and widespread effect on legal practices across the U.S.

What is the Right to Remain Silent?
Under the provisions of the Miranda decision, suspects in custody cannot be forced to reply during an interrogation by the police. They can refuse to answer questions and can request the services of an attorney, whether or not they can afford one.

Can Suspects Waive Their Miranda Rights?
In some cases, suspects may wish to answer the questions of police even after they have received a Miranda warning. By waiving their rights, suspects can often place themselves in legal jeopardy. Any answers or comments made during a police interrogation conducted under the waiver of Miranda rights can be used against the suspect, making this a risky maneuver for most individuals in police custody in the state of Texas.

Are Police Required to Read Miranda Warnings to All Suspects?
No. Miranda warnings are only required under specific circumstances:

The individual must be in police custody.

An interrogation must be planned or imminent.

If the suspect volunteers information without being questioned or is not under arrest at the time he or she provides answers to the police, that information can often be used against the suspect in a court of law at a later date.

How Long do Miranda Rights Last?
If a suspect invokes their Miranda rights and refuses to speak with police, the protection given from interrogation lasts for 14 days. After that time, the police may attempt to question the suspect again. If the individual once again requests the services of an attorney and invokes his or her right to remain silent, the process begins again. There is no limit to the number of times this 14-day cycle can be repeated.

The Sugar Land civil litigation lawyers at The Law Office of Henry Jakob can provide you with the most comprehensive and customized array of services to suit your company’s needs. Our Sugar Land commercial litigation team will work with you to determine the most effective strategies to protect your company’s financial resources and your reputation within your industry. By working with us, you can enjoy the best representation possible for all your legal and contractual transactions. Call us today at 832.879.2244 to set up an initial consultation. We look forward to the opportunity to work with your company.